Borough of Beach Haven, NJ Article V Site Triangle

[Adopted 4-10-2017 by Ord. No. 2017-9C]

§ 151-16 Accumulation and/or depositing of prohibited materials.

A. The accumulation, depositing ("depositing" shall include but not be limited to items which are hand dropped, raked, swept and/or blown by mowers, vacs and blowers), planting or maintaining of grass clippings, brush, weeds, stumps, roots, debris, trees, plants, flowers, shrubbery, plantings or other substances creating a health, fire, safety or traffic hazard or public nuisance or the existence of some other condition injurious to the public health and safety shall not be permitted within sight rights as established under N.J.S.A. 40:48-2.26. More specifically, any such vegetation within 25 feet of the intersection of two roadways shall be cut to a height of not more than 2 1/2 feet as may be determined to be necessary or expedient for the preservation of the public safety, within 10 days of notice to cut the same by the Municipal Code Enforcement Official. The owner of said lands shall, after notice from the Municipal Code Enforcement Official, remove the grass clippings, brush, weeds, stumps, roots, debris, trees, flowers, shrubbery, plantings or other such substances from such lands or, in the case of a condition injurious to the public health and safety, shall eliminate such condition.

B. The owner of said land(s) or his/her/its agent is prohibited from depositing leaves, grass, brush, weeds, stumps, roots, trees, plants, shrubbery, soils, mulch or any other debris along any Borough street or walkway that has not been properly contained for disposal. Any sod, soils, mulch, shrubbery or any other landscaping materials delivered to said owners or their agents that are deposited on any Borough street must be moved to the owner's property within 72 hours of delivery.

§ 151-17 Inspection; notice to remove.

A. The Code Enforcement Official shall have the authority to make periodic inspections within the Borough in order to ascertain when and wherein there exist conditions, or any of them, as described in this article, which constitute any health, fire, safety or traffic hazard or public nuisance or are injurious to the public health and safety, and, where such condition is found to exist, to notify the owner of the lands to remove or abate such condition within 20 days from the date of the notice. Any such notice may be served personally upon the owner, tenant, agent of owner or tenant or occupier of the land upon which said condition exists or, if such person cannot be personally served within the Borough, may be mailed by certified mail, return receipt requested, to the address of the owner as set forth on the tax records of the Borough. Notice to the tenant, agent or occupier shall be constructive notice to the owner.

B. A violation that is recurring justifies imposition of an immediate penalty without the necessity for an interval in which correction can be made. A violation shall be deemed to be a recurring violation if a notice has been served within two years from the date that a previous notice was served and the violation, premises and responsible party are substantially the same.

§ 151-18 Failure to comply; costs to become lien on property.

In the event of the failure of the owner so notified to remove or abate the condition within 20 days from the date of notice as aforesaid, the governing body may cause the removal or abatement of such condition or conditions, and in such case, the office in charge of removal or abatement shall certify, in writing, to the governing body the costs thereof, which costs, if found correct, shall be charged against said land, and the amount so charged shall forthwith become a lien upon said land and shall be assessed and levied upon said land and shall bear interest of the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

§ 151-19 Violations and penalties.

In the event of the failure of the owner of said land to remove or abate such condition existing thereon within the time required after the service of the notice herein mentioned, and in addition to the remedies hereinbefore provided, such person shall be in violation of this article and, upon conviction thereof by the Judge of the Municipal Court, shall be punished by a maximum fine of $2,000 per occurrence and/or imprisonment in such a place as is maintained for offenders in the Borough of Beach Haven for a period not to exceed 30 days. Each day during which the violation continues after notice shall be considered as a separate offense.